KAMLESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) BY way of the present revision petition, the petitioner is challenging the judgment dt. 17.06.2006 passed by Addl. Sessions Judge No. 1, Udaipur in Criminal Appeal No. 06/2006 by which while reducing the sentences, he has maintained conviction of the petitioner for offences under Section 457 and 380, I.P.C. recorded vide judgment dt. 19.10.2005 passed by the Judl. Magistrate No. 2 (South), Udaipur in regular Criminal Case No. 828/2003.

(3.) LEARNED Counsel for the petitioner submits that initially when the case was registered against the petitioner he was arrested on 23.10.2003 vide Ex. - P/5 and, thereafter, he was arrested only by the orders of the learned Sessions Court on 19.12.2003 and, thus, he remained in police and judicial custody with effect from 23.10.2003 to 19.12.2003 during the trial stage. It is further submitted that an application for exemption of personal attendance before the Court was rejected on 04.08.2005 by the trial Court and warrant of arrest was issued. The petitioner was arrested on 08.10.2005 and from 08.10.2005 he remained in custody and released by the orders of the Sessions Court on 30.11.2005. After rejection of the appeal vide judgment dated 17.06.2006, the petitioner was taken into custody and till today he is in jail.